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" ... was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom the holder claims. "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Page 213
1866
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Roscoe's Digest of the Law of Evidence on the Trial of Actions ..., Volumes 1-2

Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...or other person so signing, may exonerate himself in respect of such misrepresentation, by showing that it was caused without any default on his part,...holder, or some person under whom the holder claims." This section only makes the bill of lading conclusive against the person by whom ; Jessel v. Hath,...
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The Law of Estoppel

Lancelot Feilding Everest, Edmund Strode - Estoppel - 1884 - 600 pages
...or other person, so signing, may exonerate himself in respect of such misrepresentation, by showing that it was caused without any default on his part,...of the holder, or some person under whom the holder holds. The representation may be made in a variety of wavs which may be considered under the following...
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Manual of International Law: For the Use of Navies, Colonies and Consulates

Jan Helenus Ferguson - International law - 1884 - 558 pages
...who signed the bill may, however, exonerate himself in respect of such misrepresentation, by showing that it was caused without any default on his part,...fraud of the shipper, or of the holder, or some person through whom the holder claims, f To bills of lading are further applicable theR«ta«•,<* following...
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The Principles of Mercantile Law

Joshua Slater - Commercial law - 1884 - 244 pages
...signing, may exonerate himself in respect of such misrepresentation by showing that it was caused without default on his part, and wholly by the fraud of the...holder, or some person under whom the holder claims. ACT FOR REGULATING INSURANCE UPON LIVES. 14 Geo. IV., c. 48. Whereas it hath been found by experience,...
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Laws of Trinidad: Ordinances of the Council of Government, from No ..., Volume 2

Trinidad - Law - 1883 - 506 pages
...master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part,...by the fraud of the shipper, or of the holder, or of some person under whom the holder claims. Passed in Council this first day of October in the year...
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The Student's Statutes: Being the Principal Provisions of Some ..., Volume 424

John Frederick Haynes - English law - 1884 - 736 pages
...master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or holder, or some person under whom the holder claims. The Stamp Act, 1870. 33 & 84 VICT. c. 97. 56....
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Powell's Principles and Practice of the Law of Evidence

Edmund Powell, John Cutler, Edmund Fuller Griffin - Evidence (Law) - 1885 - 772 pages
...master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part,...shipper, or of the holder, or some person under whom he claims." It has been held that this section does not estop the owners of a ship from showing the...
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The Theory and Practice of Banking, Volume 2

Henry Dunning Macleod - Banks and banking - 1886 - 722 pages
...have had actual notice at the time of receiving the same that the goods had not been in fact luden on board " Provided that the master or other person...his part, and wholly by the fraud of the shipper, or the holder, or some person under whom the owner claims" AVhere goods are at sea the parting with the...
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The Contract of Affreightment as Expressed in Charterparties and Bills of Lading

Sir Thomas Edward Scrutton - Bills of lading - 1886 - 386 pages
...master, or other lierson so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part,...holder, or some person under whom the holder claims (c). 24 Viet. c. 10, s. 6. — ADMIRALTY JURISDICTION ACT. 6. THE High Court of Admiralty shall have...
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A Digest of the Law of Evidence

James Fitzjames Stephen - Evidence (Law) - 1886 - 308 pages
...master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper I Dixon v. Hammond, 2 B. & A. 313 ; Crossley v. Dixon, 10 HLC 293; Gosling v. Birnie, 7 Bing. 339;...
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